9. The rule against hearsay

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Civil Proceedings ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the rationale underlying a rule against hearsay; hearsay in criminal cases; and hearsay in civil proceedings.

9. The rule against hearsay

Evidence ◽  
2019 ◽  
pp. 348-415
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Civil Proceedings ◽  
The Subject ◽  
The Law ◽  
Hearsay Rule ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The rule against hearsay is one of the great exclusionary rules of the law of evidence. The underlying idea seems sound enough. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its exceptions; and the hearsay rule in civil proceedings.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

7. Evidence of the defendant’s bad character

Evidence ◽  
2019 ◽  
pp. 242-315
Author(s):  
Roderick Munday
Keyword(s):  
Human Behaviour ◽  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Human behaviour tends to follow patterns. Those who have previously been convicted of crime, or who can be shown to have committed other offences or to have behaved disreputably, either have a tendency to reoffend or are more likely to commit offences than those without such attributes. A defendant’s previous bad character may also reflect on credibility. This chapter discusses the following: the problem of whether or not to admit evidence of a defendant’s misconduct on other occasions; the situations in which evidence of a defendant’s bad character may be admitted in criminal cases, and the purposes for which it may be admitted; and the admission of similar fact evidence in civil cases.

3. Witnesses: competence, compellability, and various privileges

Evidence ◽  
2019 ◽  
pp. 106-139
Author(s):  
Roderick Munday
Keyword(s):  
Public Interest ◽  
Criminal Cases ◽  
Legal Advice ◽  
The Core ◽  
The Subject ◽  
Legal Professional

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focussing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

7. Evidence of the defendant’s bad character

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: whether or not to admit evidence of a defendant’s misconduct on other occasions; the admission of evidence of a defendant’s bad character in criminal cases; and similar fact evidence in civil cases.

scholarly journals Current state and prospects of development of a civil suit in criminal proceedings

Lex Russica ◽  
2019 ◽  
pp. 100-107 ◽  
Author(s):  
T. E. Sushina
Keyword(s):  
Burden Of Proof ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Civil Proceedings ◽  
Civil Suit ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

2. Presumptions and the burden of proof

Evidence ◽  
2019 ◽  
pp. 62-105
Author(s):  
Roderick Munday
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
European Convention ◽  
Criminal Case ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.

3. Witnesses: competence, compellability, and various privileges

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Public Interest ◽  
Criminal Cases ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses; sworn and unsworn evidence; privileges enjoyed by certain classes of witness; and public interest immunity.

4. The course of the trial

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases.

2. Presumptions and the burden of proof

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
European Convention ◽  
Criminal Case ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.

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